CDC NSW Pty Ltd

[2024] FWCA 3846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CDC NSW Pty Ltd

(AG2024/3900)

CDC NSW ENGINEERING ENTERPRISE AGREEMENT 2024

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT DEAN	CANBERRA, 4 NOVEMBER 2024

Application for approval of the CDC NSW Engineering Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the CDC NSW Engineering Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CDC NSW Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that the provisions at clause 29.6(d) and clause 36.3 are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CDC NSW Pty Ltd sought approval for the CDC NSW Engineering Enterprise Agreement 2024 from the Fair Work Commission. The agreement was submitted by the employer, CDC NSW, and the union, the Electrical Trades Union of Australia, aimed to regulate the employment conditions of engineering employees within the organisation. The union contended that the agreement was appropriate and met the statutory requirements, while the employer argued for its approval based on its terms and conditions. The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission examined the agreement to determine if it met the requirements of the Fair Work Act 2009. It focused on whether the agreement contained all the necessary provisions and if it was fair and reasonable. The Commission also considered the views of the employees and the arguments presented by both parties. In its decision, the Commission found that the agreement was fair and reasonable and met the statutory requirements. It noted that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees.

The Fair Work Commission approved the CDC NSW Engineering Enterprise Agreement 2024, finding it to be fair and reasonable and in the best interests of the employees. The agreement was registered under the Fair Work Act 2009, and it would govern the employment conditions of engineering employees within the organisation for the specified period. The decision was made in the interest of promoting harmonious, productive, and cooperative workplace relations. The approval of the agreement was a significant step towards achieving a fair and equitable workplace for the employees of CDC NSW.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established